Texas Senate Bill SB2197

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/14/09
• Voted on by Senate: 4/20/09
• Out of House Committee: 5/15/09
• Voted on by House: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to fees paid to a constable for serving civil process.

Impact

The changes made by SB 2197 apply to all civil processes served on or after the bill's effective date, which is set for September 1, 2009. By establishing that civil process served by a constable within their own jurisdiction is considered official, the bill provides clear guidelines for constables regarding their responsibilities and fees. Furthermore, it stipulates that any fees earned from serving civil process must be deposited with the county treasurer, providing a framework for transparency in handling these funds.

Summary

Senate Bill 2197 proposes amendments to the Local Government Code regarding the service of civil process by constables. The bill allows constables to serve civil process not only in their respective counties but also in contiguous counties. This expansion aims to increase the efficiency of service and accessibility of legal processes, particularly in areas where jurisdictional boundaries may complicate timely legal actions. By formalizing this ability, the bill seeks to enhance the role of constables in the civil justice system.

Contention

While the bill aims to streamline the process of civil service, there may be concerns regarding the implications of expanding the constables’ jurisdiction. Critics may raise questions about the potential for overreach or the adequacy of training for constables operating outside their home counties. Additionally, as with any legislative change, stakeholders in the local legal community may express differing opinions on the effectiveness and necessity of these changes, highlighting the ongoing debate over local governance and law enforcement authority.